This oral order rejects a petition for anticipatory bail filed by Pappu Rai in a police station case concerning robbery under Sections 395 and 397 IPC. The court declined the prayer because the petitioner, though not named in the FIR, appeared in a co-accused's confessional statement, necessitating a T.I. Parade.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22483 of 2017
Arising Out of PS.Case No. -155 Year- 2016 Thana -BHELDI District- SARAN
====================================================== Pappu Rai, Son of Sri Mahesh Rai, Resident of Marar Tola, Bhalwahian, Police Station- Parsa, District- Saran.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------
3 20-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bheldi P.S. Case No.155 of 2016 registered under Sections 395 and 397 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Saran, Chapra.
The accusation is that when the informant was returning after withdrawing cash Rs.25,000/- from the Garkha Central Bank on a bicycle, in the way, three persons, borne on motorcycle, intercepted him, and took his cash Rs.25000/-. The informant also detailed about the physique of the culprits in the F.I.R.
Learned counsel appearing on behalf of the petitioner
Patna High Court Cr.Misc. No.22483 of 2017 (3) dt.20-07-2017 2/2
submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in this case in the confessional statement of the co-accused Lalan Ram.
Since the informant has detailed about the physique of the culprits in the F.I.R., therefore, this is a case of T.I. Parade. As such, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.
(Rajendra Kumar Mishra, J)
P.S./-
U T
3 issues framed by the court
Whether a petition for anticipatory bail in a robbery case where the petitioner is not named in the FIR but emerged in a co-accused's confession should be granted.
Whether the detailed description of the accused's physique in the FIR precludes the grant of anticipatory bail.
Whether the rejection of anticipatory bail based on the exclusion of the petitioner from the FIR and naming in confession is reasonable.
Pappu Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
